Legitimising Authoritarian Regimes through Law

Lauth, Hans‐Joachim

doi:10.1007/s12286-017-0333-1

Cited by 4 publications

(2 citation statements)

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“…The normative state complies with the formal rule of law, providing reliable rules and unchanging principles to justify order and authority, discipline and control the population and elites as well as enhance the power of the elite. Consequently, the formal rule does not bring forth liberal values or democracy, since authoritarian regimes can, to a certain degree, abide to the formal rule of law (Tamanaha 2007;Lauth 2017). And legal means and legality can serve as mechanisms to justify and authorize repression or legitimize social programs and transformations like the nationalization or privatization of property.…”

Section: Autocracy and Legal Ordermentioning

confidence: 99%

“…Based on this, I clarify the 1 While the issue of the rule of law and democracy is an established field of research, there is also a growing number of theoretical and empirical research projects that focus on the role of law in autocratic regimes (e.g. Henderson 1991;Moustafa 2008;Lauth 2017;Solomon 2007;Scheppele 2018;Lührmann and Lindberg 2019;Fruhstorfer 2017). 2 This focus on formal law does not mean that state law is the only law.…”

Section: Introductionmentioning

confidence: 99%

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The state-regime-nexus: law and legal order

Stawski¹

2021

Z Vgl Polit Wiss

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The aim of this paper is to illuminate the interdependent relation and connectivity between state and regime known as the state-regime-nexus. To conceptualize the reciprocal institutional relation between state and regime and to deepen the understanding of the state-regime-nexus, I focus on law and legal order as one mutual linkage between state and regime in both democratic and autocratic regimes. To do so, this conceptual paper addresses two points that are part of the same topic: the relation between state, regime and law and different variants of legal order in democratic and autocratic regimes. This creates a theoretical basis to gain more conceptual and analytical clarity in the complex realm of the state-regime-nexus.

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Section: Autocracy and Legal Ordermentioning

confidence: 99%